What alcohol related offenses can I be charged with in DC?

DC Traffic Law makes it illegal to drive after drinking alcohol. It is important to know that you can be convicted based on breath, blood, or urine alcohol content tests alone and that a field sobriety test is not required.  One of several different charges may result.

DWI (Driving While Intoxicated) – If your blood-alcohol was .08% or more, or urine-alcohol content .10% or more, it is a per se violation to operate or be in control of a motor vehicle.  (“Per se” meaning that the blood or urine alcohol content level is affirmative evidence of guilt).  (To “operate” a vehicle means to have physical control including driving, moving, pushing, steering, or parking on a public highway). See D.C. Code Ann. §§ 50-1501.01(10) and 50-1301.02(2).

DUI (Driving Under the Influence) – If your blood-alcohol content was between .05% and .07%, it is affirmative evidence that you were driving under the influence of alcohol.  If your blood-alcohol content was .01% or more, the government may prosecute for either operating a vehicle while under the influence or operating while impaired by the consumption of intoxicating liquor.  The government may also prosecute when no blood alcohol test was taken. See D.C. Code Ann. §§ 50-2205.02 (1) and (2), 50-2201.05(b)(1)(A).

OWI (Operating While Impaired) – This is a lesser-included charge of DUI that requires evidence that the driver was impaired to any degree by alcohol.

Under the legal drinking age- If you are under 21 years old, it is a violation to have any measurable amount of alcohol while operating or controlling a vehicle. See D.C. Code Ann. § 50-2201.05.

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